BILL NUMBER: SB 198	CHAPTERED  07/13/99

	CHAPTER   96
	FILED WITH SECRETARY OF STATE   JULY 13, 1999
	APPROVED BY GOVERNOR   JULY 13, 1999
	PASSED THE SENATE   JULY 1, 1999
	PASSED THE ASSEMBLY   JUNE 24, 1999
	AMENDED IN ASSEMBLY   MAY 17, 1999
	AMENDED IN SENATE   MARCH 15, 1999

INTRODUCED BY   Senator Kelley

                        JANUARY 19, 1999

   An act to amend Article 6.1 (commencing with Section 105) of the
Lake Cuyamaca Recreation and Park District Act (added by Chapter 1982
of the Statutes of 1963), to add Section 76.5 to Chapter 1654 of the
Statutes of 1961, and to add Section 5782.5.1 to the Public
Resources Code, relating to recreation and park districts, and
declaring the urgency thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 198, Kelley.  Lake Cuyamaca Recreation and Park District:
lease agreements.
   (1) The existing Lake Cuyamaca Recreation and Park District Act
authorizes the Lake Cuyamaca Recreation and Park District Board,
whenever the district board determines, by a 4/5 vote of its entire
membership, that it is necessary to enter into a long-term lease
agreement for services or property from any person, firm, or
corporation to provide adequate recreational facilities and services
within the district, to enter into such a lease agreement for a term
not exceeding 40 years if approved by not less than 2/3 of the voters
of the district voting at an election called for that purpose and
prescribes procedures for the conduct of such an election.  The act
further requires the district board, whenever a long-term lease
agreement is entered into pursuant to the act, to establish on the
records of the district a Lease Agreement Redemption Fund from which
all rental or other consideration for the lease shall be paid, and
requires the supervising authority of the district to annually levy a
special lease agreement tax to be deposited into the fund, as
provided.  The act prescribes procedures for the execution of lease
agreements entered into by the district if the district dissolves by
operation of law, as specified.
   This bill would eliminate those provisions requiring voter
approval for the district board to enter into a long-term lease
agreement and prescribing procedures for a district election.  The
bill would also eliminate those provisions requiring the
establishment of a Lease Agreement Redemption Fund and prescribing
procedures for the execution of lease agreements entered into by the
district if the district dissolves by operation of law.
   (2) The existing Mello-Roos Community Facilities Act of 1982
authorizes the formation of community facilities districts, and the
issuance of bonds and levying of special taxes thereunder, to finance
designated public and utility facilities and services.
   This bill would authorize the district to levy a special tax
pursuant to that act.
   (3) The bill would authorize the District Boards of the
Valley-Wide Recreation and Park District and the Coachella Valley
Recreation and Park District each to maintain a local checking
account or savings account, or both a checking account and savings
account, upon approval of the Board of Supervisors of Riverside
County, and to transfer funds to those accounts for distribution and
payment of ongoing operational expenses, salaries, and debt
obligations from accounts that the board of supervisors may establish
in the Riverside County Treasury for those districts for those
purposes.
   (4) The bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 5782.5.1 is added to the Public Resources Code,
to read:
   5782.5.1.  The District Board of the Valley-Wide Recreation and
Park District and the District Board of the Coachella Valley
Recreation and Park District may each maintain a local checking
account or savings account, or both a checking account and savings
account, upon approval of the Board of Supervisors of Riverside
County, and may transfer funds to those accounts for distribution and
payment of their respective ongoing operational expenses, salaries,
and debt obligations, from accounts that the board of supervisors may
establish in the Riverside County Treasury for those districts for
those purposes.
  SEC. 2.  Section 76.5 is added to Chapter 1654 of the Statutes of
1961, to read:
  76.5.  The district may levy and collect a special tax pursuant to
the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of
the Government Code) for any of the purposes authorized by that act.

  SEC. 3.  Article 6.1 (commencing with Section 105) of the Lake
Cuyamaca Recreation and Park District Act (added by Chapter 1982,
Statutes of 1963) is amended to read:

      Article 6.1.  Long-term Leases

  Sec. 105.  If the district board determines, by a four-fifths vote
of its entire membership, that it is necessary to enter into a
long-term lease agreement for services or property of any kind,
including water, from another public agency, or from any person, firm
or corporation to provide adequate recreational facilities and
services within the district, the district board may enter into such
a lease agreement for a term not exceeding 40 years.
  SEC. 4.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
due to the unique circumstances concerning the Lake Cuyamaca, the
Valley-Wide, and the Coachella Valley Recreation and Park Districts.

  SEC. 5.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order that the Lake Cuyamaca Recreation and Park District may
execute a long-term lease with the Helix Water District at the
earliest possible time, and to enable the District Board of the
Valley-Wide Recreation and Park District and the District Board of
the Coachella Valley Recreation and Park District to pay ongoing
operational expenses, salaries, and debt obligations, thereby
enabling those districts to continue providing recreational services
to the public, it is necessary that this act take effect immediately.
